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Old 07-30-2005, 05:18 AM
A.G. Kalman
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Default Re: Residency? Spouses live in different states.

Steve_Quinton[at]comcast.net wrote:

- quote -

> Client living in Pennsylvania, purchased a house in Florida
> and bought a liquor store there. Client expects to make
> Florida his primary residence (living > 200 days), while
> wife will continue to live primarily in Pennsylvania with
> their children > 200 days.
> What is the proper tax status and residency when filing
> federal and state tax returns? I don't believe there would
> be any requirement to file as Married Filing Separately, but
> if they file as Married-Joint, what state do they put on
> their federal return as their state of residence?
> As for the states, are spouses required to file as married
> filing separately since they each have a different state
> which is their primary residence? If so, are they required
> to file as Married Filing Separately for state taxes?


The federal government doesn't care where the two of you
live. You may file a joint return or separate returns. If
you file jointly, you can use the address of either
residence.

FL does not have a personal income tax so there is no issue
with that state. PA requires that you file a separate tax
return when one spouse is a nonresident. If you want to
file a PA joint return, you may if you elect to be taxed as
if you were a PA resident.

--
Alan
http://taxtopics.net

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 
Old 07-30-2005, 04:21 AM
Phil Marti
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Posts: n/a
Default Re: Residency? Spouses live in different states.

<Steve_Quinton[at]comcast.net> wrote:

- quote -

> Client living in Pennsylvania, purchased a house in Florida
> and bought a liquor store there. Client expects to make
> Florida his primary residence (living > 200 days), while
> wife will continue to live primarily in Pennsylvania with
> their children > 200 days.
> What is the proper tax status and residency when filing
> federal and state tax returns? I don't believe there would
> be any requirement to file as Married Filing Separately, but
> if they file as Married-Joint, what state do they put on
> their federal return as their state of residence?


There really isn't a declared "residence" state on the
Federal return. They could use either address on a joint
return.

- quote -

> As for the states, are spouses required to file as married
> filing separately since they each have a different state
> which is their primary residence?


Since Florida doesn't have an income tax, PA is the only one
to be concerned with. I'd start with the PA instructions.

--
Phil Marti
Clarksburg, MD

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 07-28-2005, 01:20 PM
Steve_Quinton@comcast.net
Guest
 
Posts: n/a
Default Residency? Spouses live in different states.

Client living in Pennsylvania, purchased a house in Florida
and bought a liquor store there. Client expects to make
Florida his primary residence (living > 200 days), while
wife will continue to live primarily in Pennsylvania with
their children > 200 days.

What is the proper tax status and residency when filing
federal and state tax returns? I don't believe there would
be any requirement to file as Married Filing Separately, but
if they file as Married-Joint, what state do they put on
their federal return as their state of residence?

As for the states, are spouses required to file as married
filing separately since they each have a different state
which is their primary residence? If so, are they required
to file as Married Filing Separately for state taxes?

Many thanks for your help.

Steve Quinton

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 

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live, residency, spouses, states
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